Leasehold

Tenancy
Presentation by Atty. Ferdinand M. Casis
Ateneo Law School
 Sharehold vs Leasehold
Tenancy
Sharehold Leasehold
• LO & Tenant • Tenant
• LO & Tenant • Tenant
• % of production • Fixed
 Leasehold Tenancy vs.
Civil Law Lease
Leasehold Tenancy Civil Law Lease
• Agricultural lands • All kinds of lands
• Personal cultivation • Not necessary
• Agricultural prod. • Any legal purpose
• Special Law • Civil Code
 Definition
1. Physical possession by a person
of land devoted to agriculture
2. Land belonging to or legally
possessed by another
 Definition
3. For the purpose of production
through the labor of the former
and of his immediate farm
household
4. In consideration of which the
former agrees to share the
harvest with the latter or to pay
a price certain
 Requisites
1. Landowner and Tenant – Parties
2. Consent given
3. Agricultural land
4. Agricultural production
5. Personal cultivation
6. Consideration
 DISPOSSESSION
1. Conversion and payment of
disturbance compensation
2. Failure to comply with the terms and
condition
3. Planting of crops or use of land not
agreed upon
 DISPOSSESSION
4. Failure to use proven farm practices
5. Land or improvements substantially
damaged or destroyed due to
negligence or fault of tenant
6. Failure to pay rent
7. Sub-leasing
 Extinguishment
1. Abandonment
2. Voluntary surrender
3. Absence of successor
 Successors
1. Spouse
2. Eldest descendant
3. Next eldest descendant by
order of age
 1 month from death or disability
or within the agricultural year
 Jurisdiction
•Provincial Adjudicator
•Venue: where land is situated
 Rent
(Sec. 34)
•NOT more than 25% of
average normal harvest (net)
•Deduction the ff. cost:
–Seeds –Hauling
–Harvesting. –Loading
–Threshing –Processing